Karl Bayer's Disputing Blog » arbitration agreement

Kentucky Supreme Court Revisits Nursing Home Arbitration Case Overturned by SCOTUS

By Beth Graham - November 20, 2017

In May, the United States Supreme Court overturned the Supreme Court of Kentucky’s decision in Kindred Nursing Centers Limited Partnership v. Clark, No. 16-32, (May 15, 2017).

SCOTUS to Consider Murphy Oil, Epic Systems, and Ernst & Young Today

By Beth Graham - October 2, 2017

Today, the United States Supreme Court will hear oral argument regarding whether a collective action ban included in an employer’s arbitration agreement is lawful under the National Labor Relations Act.

Fifth Circuit Affirms Order Stating Question of Arbitrability Was Delegated to the Arbitrator in $1.6 Billion Oil Lease Dispute

By Beth Graham - August 31, 2017

The nation’s Fifth Circuit Court of Appeals has upheld a federal district court’s order stating a $1.6 billion fraud lawsuit must be arbitrated.

5th Circuit Once Again Upholds Class Waiver Absent an Arbitration Agreement

By Beth Graham - August 25, 2017

The United States Court of Appeals for the Fifth Circuit has once again overturned a National Labor Relations Board (“NLRB”) decision stating an employer’s collective action waiver that is not included in an arbitration agreement violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”).

5th Circuit Upholds Class Waiver Without an Arbitration Agreement

By Beth Graham - August 14, 2017

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit has overturned a National Labor Relations Board (“NLRB”) ruling stating an employer may not require job applicants to sign a class-action waiver that is not included in an arbitration agreement because such a requirement violates the National Labor Relations Act (“NLRA”).

SCOTUS to Hear Oral Argument in Murphy Oil on October 2nd

By Beth Graham - August 7, 2017

On the first day of its new term, the United States Supreme Court will hear oral argument regarding whether class-action waivers included in an employer’s arbitration agreement are lawful under the National Labor Relations Act.

Third Circuit Rules Arbitrability is a Gateway Issue

By Beth Graham - June 23, 2017

The United States Court of Appeals for the Third Circuit has issued a decision stating a federal judge committed error when he ruled on a party’s motion to dismiss a case before he considered whether the dispute should be arbitrated.

DOJ Flips on Class Waivers Issue

By Beth Graham - June 19, 2017

On Friday, the United States Department of Justice (“DOJ”) made an abrupt about-face on the issue of whether a class waiver included in an employer’s arbitration agreement violates the National Labor Relations Act (“NLRA”).

U.S. House Passes Measure that Would Repeal Arbitration Provision in Consumer Financial Protection Act

By Beth Graham - June 15, 2017

Last week, the United States House of Representatives voted 233 to 186 in favor of modifying the Dodd-Frank Wall Street Reform and Consumer Protection Act.